Legal Opinion

Scott Shoe Machinery Co. v. Dancel

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 3 opinions

Appeal by the plaintiff, the Scott Shoe Machinery Company, from an order of the Supreme Court, made at the New York Special Term and entered in the, office of the clerk of the county of New York on the 10th day of April, 1900, directing the plaintiff’s attorneys to accept the defendant’s answer to the complaint.

1Opinion of the Court

McLaughlin, J.:

This is an appeal from an order directing the plaintiff’s attorneys to accept an alleged answer. The summons and complaint were served on Sunday, February 10,1901. Four days later another summons and complaint were served, in which relief was asked upon substantially the same ground as that stated in the complaint first served. On the second of March following the defendant’s attorney served an answer to the complaint in each action, and on the fourth of March the plaintiff’s attorneys returned the answer to the complaint first served, on the ground that that service was null…

2Cases cited5 opinions

  1. Van Vechten v. PaddockNew York Supreme Court · 1815
  2. Hoghtaling v. OsbornNew York Supreme Court · 1818
  3. Hastings v. . FarmerNew York Court of Appeals · 1850
  4. Blood v. BatesSupreme Court of Vermont · 1858
  5. Ecker v. First National BankCourt of Appeals of Maryland · 1885

3Cited by3 opinions

  1. Cutler v. CutlerNew York Supreme Court · 1961
  2. State Bank v. SpenceCity of New York Municipal Court · 1902
  3. State Bank v. SpenceCity of New York Municipal Court · 1902

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